Wednesday, March 5, 2003 Part IV The President Executive Order 13286—Amendment of Executive Orders, and Other Actions, in Connection With the Transfer of Certain Functions to the Secretary of Homeland Security Executive Order 13287—Preserve America VerDate Jan<31>2003 23:17 Mar 04, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\05MRE0.SGM 05MRE0 VerDate Jan<31>2003 23:17 Mar 04, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4717 Sfmt 4717 E:\FR\FM\05MRE0.SGM 05MRE0 10619 Federal Register Presidential Documents Vol. 68, No. 43 Wednesday, March 5, 2003 Title 3— Executive Order 13286 of February 28, 2003 The President Amendment of Executive Orders, and Other Actions, in Con- nection With the Transfer of Certain Functions to the Sec- retary of Homeland Security By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Homeland Security Act of 2002 (Public Law 107–296) and section 301 of title 3, United States Code, and in order to reflect the transfer of certain functions to, and other responsibilities vested in, the Secretary of Homeland Security, the transfer of certain agencies and agency components to the Department of Homeland Security, and the delegation of appropriate responsibilities to the Secretary of Homeland Security, it is hereby ordered as follows: Section 1. Executive Order 13276 of November 15, 2002 (‘‘Delegation of Responsibilities Concerning Undocumented Aliens Interdicted or Intercepted in the Caribbean Region’’), is amended by: (a) striking ‘‘The Attorney General’’ wherever it appears in section 1 and inserting ‘‘The Secretary of Homeland Security’’ in lieu thereof; and (b) striking ‘‘the Attorney General’’ wherever it appears in section 1 and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 2. Executive Order 13274 of September 18, 2002 (‘‘Environmental Stew- ardship and Transportation Infrastructure Project Reviews’’), is amended by inserting ‘‘Secretary of Homeland Security,’’ after ‘‘Secretary of Defense,’’ in section 3(b). Sec. 3. Executive Order 13271 of July 9, 2002 (‘‘Establishment of the Corporate Fraud Task Force’’), is amended by: (a) inserting ‘‘(b) the Secretary of Homeland Security;’’ after ‘‘(a) the Sec- retary of the Treasury;’’ in section 4; and (b) relettering the subsequent subsections in section 4 appropriately. Sec. 4. Executive Order 13260 of March 19, 2002 (‘‘Establishing the Presi- dent’s Homeland Security Advisory Council and Senior Advisory Committees for Homeland Security’’), is amended by: (a) striking ‘‘the Assistant to the President for Homeland Security (Assist- ant)’’ in section 1(c) and inserting ‘‘the Secretary of Homeland Security (Secretary)’’ in lieu thereof; (b) striking ‘‘the Assistant’’ wherever it appears in sections 2 and 3 and inserting ‘‘the Secretary’’ in lieu thereof; (c) striking ‘‘the Office of Administration’’ in section 3(d) and inserting ‘‘the Department of Homeland Security’’ in lieu thereof; (d) striking ‘‘the Administrator of General Services’’ in section 4(a) and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof; and (e) inserting ‘‘of General Services’’ after ‘‘Administrator’’ in section 4(a). Executive Order 13260 of March 19, 2002, is hereby revoked effective as of March 31, 2003. Sec. 5. Executive Order 13257 of February 13, 2002 (‘‘President’s Interagency Task Force to Monitor and Combat Trafficking in Persons’’), is amended by: (a) inserting ‘‘(v) the Secretary of Homeland Security;’’ after ‘‘(iv) the Secretary of Health and Human Services;’’ in section 1(b); and VerDate Jan<31>2003 23:17 Mar 04, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\05MRE0.SGM 05MRE0 10620 Federal Register / Vol. 68, No. 43 / Wednesday, March 5, 2003 / Presidential Documents (b) renumbering the subsequent subsections in section 1(b) appropriately. Sec. 6. Executive Order 13254 of January 29, 2002 (‘‘Establishing the USA Freedom Corps’’), is amended by striking ‘‘Director of the Federal Emergency Management Agency;’’ in section 3(b)(viii) and inserting ‘‘Secretary of Home- land Security;’’ in lieu thereof. Sec. 7. Executive Order 13231 of October 16, 2001 (‘‘Critical Infrastructure Protection in the Information Age’’), as amended, is further amended to read in its entirety as follows: ‘‘Critical Infrastructure Protection in the Information Age By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to ensure protection of information systems for critical infrastructure, including emergency pre- paredness communications and the physical assets that support such systems, in the information age, it is hereby ordered as follows: Section 1. Policy. The information technology revolution has changed the way business is transacted, government operates, and national defense is conducted. Those three functions now depend on an interdependent network of critical information infrastructures. It is the policy of the United States to protect against disruption of the operation of information systems for critical infrastructure and thereby help to protect the people, economy, essential human and government services, and national security of the United States, and to ensure that any disruptions that occur are infrequent, of minimal duration, and manageable, and cause the least damage possible. The implementation of this policy shall include a voluntary public-private partnership, involving corporate and nongovernmental organizations. Sec. 2. Continuing Authorities. This order does not alter the existing authori- ties or roles of United States Government departments and agencies. Authori- ties set forth in 44 U.S.C. chapter 35, and other applicable law, provide senior officials with responsibility for the security of Federal Government information systems. (a) Executive Branch Information Systems Security. The Director of the Office of Management and Budget (OMB) has the responsibility to develop and oversee the implementation of government-wide policies, principles, standards, and guidelines for the security of information systems that support the executive branch departments and agencies, except those noted in section 2(b) of this order. The Director of OMB shall advise the President and the appropriate department or agency head when there is a critical deficiency in the security practices within the purview of this section in an executive branch department or agency. (b) National Security Information Systems. The Secretary of Defense and the Director of Central Intelligence (DCI) shall have responsibility to oversee, develop, and ensure implementation of policies, principles, standards, and guidelines for the security of information systems that support the operations under their respective control. In consultation with the Assistant to the President for National Security Affairs and the affected departments and agencies, the Secretary of Defense and the DCI shall develop policies, prin- ciples, standards, and guidelines for the security of national security informa- tion systems that support the operations of other executive branch depart- ments and agencies with national security information. (i) Policies, principles, standards, and guidelines developed under this subsection may require more stringent protection than those developed in accordance with section 2(a) of this order. (ii) The Assistant to the President for National Security Affairs shall advise the President and the appropriate department or agency when there is a critical deficiency in the security practices of a department or agency within the purview of this section. (iii) National Security Systems. The National Security Telecommuni- cations and Information Systems Security Committee, as established by VerDate Jan<31>2003 23:17 Mar 04, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\05MRE0.SGM 05MRE0 Federal Register / Vol. 68, No. 43 / Wednesday, March 5, 2003 / Presidential Documents 10621 and consistent with NSD–42 and chaired by the Department of Defense, shall be designated as the ‘‘Committee on National Security Systems.’’ (c) Additional Responsibilities. The heads of executive branch departments and agencies are responsible and accountable for providing and maintaining adequate levels of security for information systems, including emergency preparedness communications systems, for programs under their control. Heads of such departments and agencies shall ensure the development and, within available appropriations, funding of programs that adequately address these mission systems, especially those critical systems that support the national security and other essential government programs. Additionally, security should enable, and not unnecessarily impede, department and agen- cy business operations. Sec. 3. The National Infrastructure Advisory Council. The National Infrastruc- ture Advisory Council (NIAC), established on October 16, 2001, shall provide the President through the Secretary of Homeland Security with advice on the security of information systems for critical infrastructure supporting other sectors of the economy: banking and finance, transportation, energy, manufacturing, and emergency government services. (a) Membership. The NIAC shall be composed of not more than 30 members appointed by the President. The members of the NIAC shall be selected from the private sector, academia, and State and local government. Members of the NIAC shall have expertise relevant to the functions of the NIAC and